SAPAN SARKAR AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellants Sapan Sarkar (A1) and Manik Vishwas (A2) have challenged the judgment and order of conviction dated 20.7.2005, whereby both have been convicted for the offences of Section 489B and 489C of the Indian Penal Code by the learned Additional Sessions Judge, Rudrapur while adjudicating the Sessions Trial No. 1/2002. Accused appellants have appropriately been sentenced.

(2.) Having heard learned Counsel of the appellants as well as learned State Counsel, the backdrop of the case emerging out from the recovery memo is that PW1 Sub Inspector S.P.S. Tomar and PW2 Sub Inspector Raja Ram Bhargav, both police officials were informed that A1 had taken a loan of rupees five thousand from A2 and on the date of incident he was going to return his taken debt in the form of ten currency notes, each in the denomination of rupees five hundred. They also heard that out of these ten currency notes, four were counterfeit. So, PW1 and PW2 raided the place when A1 was returning the debt of rupees five thousand to A2 disclosing that out of these ten currency notes, four were counterfeit and the A2 was accepting the same saying that do not worry, he is competent enough to use those four counterfeit currency notes in the market for full value.

(3.) The above story by itself is quite unbelievable and not less than a joke. This Court fails to understand the analogy which has been made the basis for attributing the guilt upon the accused persons on such an apparently fake story.